StaplesVR Terms of Service

Updated 21 January 2025

These Terms of Service (Terms) apply to StaplesVR’s Service (Service). The Service consists of Saas products and/or other services supplied by Staples Productions LTD under the trading name StaplesVR and should be read in conjunction with any Agreement, proposal, quote, contract, Work Schedule (each an “Agreement”) and/or our Privacy Policy prepared by Staples Productions LTD.

By accessing the Service the User agrees to comply with these Terms, use the Services for lawful purposes only and comply with all applicable laws and regulations. If you do not agree to these terms, we advise the User to stop using our services immediately and delete all the copies of results or data produced when using the service and contact us via support@staplesvr.com.

Your rights to use

The User has permission to access and use the service, provided the user complies with these Terms. If the User violates these Terms, we reserve the right to revoke the User's access to the Service.

Access to Software

Users' access to the service is for the internal business purposes in the organisation that the user represents only. The user must not share this access with any other person or other organisation.

No interruption

The user agrees not to interrupt or attempt to interrupt the operation of the Service in any way.

The User shall not remove or obscure any proprietary, copyright, trademark, design right, trade secret, or any other proprietary rights legends from the system or documentation.

Copyright

We own the copyright for all content on any of our services excluding bespoke content specifically created for a client, bespoke systems we own the back end only.

The material provided on the Services is protected by law, including, but not limited to, the New Zealand Copyright Act 1994, United States Copyright Law and international treaties.

Reproducing material

The User may access and view the content provided that the User only use that content for internal business purposes in the organization that they represent.

Any reproduction (including by electronic means) of the Service or any of our other publications, in whole or in part including but not limited to modification, copy, distribute, publish, sell or license, are forbidden without our prior written consent.

In cases of misuse, copyright infringement, or violation of these terms and conditions, we may take appropriate actions, including but not limited to, suspending or terminating access to software and related services.

Content Standards and Data

Content available through our library is developed using third party insights and training advice. Users are responsible for reviewing and confirming the content is teaching the correct outcomes for their entity before using as training content.

The handling of data is governed by the privacy policy available on our website. We recommend that Users review these policies to understand how their data will be managed.

We disclaim any liability for claims, damages, or legal consequences related to our content, including matters related to privacy and data transfer.

Data Sharing

StaplesVR will not collect personal identificable data unless directed to by the customer.

However it is important for the User to be aware in using our services they are authorizing StaplesVR to collect and use non-personally identifiable technical data related to your VR device, system, and content to provide software updates, product support, marketing, and other related services.

Errors and Updates

We reserve the right to add or remove material, correct errors, modify, and add enhancements to the system. If the User finds any errors in any part of the Service, please let us know by sending an email detailing the issue to support@staplesvr.com

Upgrades

We may develop new modules that provide additional functionality or services not included in the Services to which the User is subscribed. In order to use such services, the User may, at its discretion, acquire an upgraded subscription.

Our liability is limited

We will use our best efforts to keep the Service free from viruses and errors, however, our liability to the User is limited to the maximum extent permitted by applicable laws. Therefore, neither StaplesVR nor its affiliates, employees, and partners will be liable to you for any other loss or damage arising from the user’s negligent use of the Service or any information contained in it. Any claim lodged will require concrete evidence in a format acceptable to us and are subject to establishing any negligence or breach at StaplesVR.

The submission of any claim by the User does not allow you to withhold payment of an amount that is due under the contract and that has become due.

Arbitration

Any legal controversy or claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be resolved solely through binding arbitration in accordance with the American Arbitration Association's commercial arbitration rules. Any such dispute or claim will be arbitrated on its own merits, and will not be merged in any arbitration with any other party's claim or dispute.

Indemnity

If the User breaches these Terms or any law ,the User will be responsible for the loss we suffer as a result. This means the User agrees to indemnify and hold us (and our officers, directors, consultants, shareholders and employees) harmless from any claim or demand, including reasonable legal fees, arising out of or related to the breach.

No Waiver

If we do not exercise or enforce any right available to us under these Terms, it does not in any way constitute a waiver of those rights.

Severability

If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Privacy and security

For information about how we use and store your personal information, please read our privacy policy available on our website

Complaints and Contacting us

If you have any complaints or questions please contact us via support@staplesvr.com

Changes to Terms of Service

We may, at our discretion, add, delete, or modify any or all Terms of Service at any time, with or without prior notice. We encourage you to regularly review this page of the Services to stay informed about any updates or changes. By continuing to use our Service, you agree to be bound by the Terms applicable at that time.

Jurisdiction

All matters arising out of or related to this Agreement are governed by and construed in accordance with the laws of New Zealand for our Oceania clients and the laws of the state of California, for our US-based clients. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

Any cause of action brought against us in relation to our Website or Service must be filed within one (1) year of the date the cause of action began, otherwise it will be permanently waived.

Price Changes

We reserve the right to change the prices of our products and services at any time.

Confidentiality

The User must keep login details and information about their account confidential. The User accepts responsibility for all activities that occur under their account. the User agrees to notify us promptly if the User:

• Suspect unauthorised use of their account
• Know or suspect loss or disclosure of your account credentials or breach of security.

Payment and Billing

We will send the User an invoice realignment with the terms of their contract. All charges, unless otherwise stated, exclude value\sales\use or any such taxes.

The User must pay the bill on time and follow any instructions on the bill. If the User fails to do so, we may charge a late payment fee, and any expenses incurred in collecting overdue amounts.

If the User has an outstanding debt with us, we have the right to transfer that debt to another party who will then have the right to collect that debt from the User.

Restriction or cancellation of services

Without prior notice, we may, in our sole discretion, restrict, suspend, or terminate the User's services if:

• in violation of these Terms;
• use our services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our services;
• for commercial reasons we can't provide the service;
• fail to pay your bill on time;

If the User's paid subscription term expires or otherwise lapses (whether due to no payment, rejected payment method, or other reasons); their account and user access may be suspended or not accessible without further warning or notice.

Termination of Service

If the user terminate their annual subscription, such termination will be effective at the end of the 12 month term.